Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act s. 2(d) 1986 2(g) and 2(o) Exim policy |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 – s. 2(d), 2(g) and 2(o) – Respondent applied for the grant of an REP licence for which it was entitled to a premium on the amount of exports under the scheme – Scheme for the issuance of REP licence was discontinued – Consequently, the premium was not paid to the respondent – Additional Chief Controller of imports and exports passed an order holding in abeyance the grant of premium – Respondent filed a claim before the District Consumer Disputes Redressal Forum – The District forum allowed the claim of the respondent – Appeal before the State Commissioner was rejected – This was confirmed in revision by the National Consumer Disputes Redressal Commission (NCDRC) – On appeal, held: The Exim policy is an incident of the fiscal policy of the State and of its overall control over foreign trade – As an incident of its policy, the State may provide a regime of incentives – The provision of those incentives does not render the State a service provider or the person who avails of the incentives as a potential user of any service – Thus, there was absence of jurisdiction in the District forum to entertain a complaint under the Act in regard to a claim arising out of and founded on an REP licence governed by the Exim policy – Accordingly, judgment of the NCDRC set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 750 |
Petitioner | The Secretary, Ministry Of Commerce & Ors. |
Respondent | M/s Vinod And Company |
SCR | [2019] 10 S.C.R. 560 |
Judgement Date | 2019-07-11 |
Case Number | 5399 |
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